Ebates Inc., owner and operator of www.ebates.com and www.rakuten.com ("Company"), offers a service enabling you to enroll a payment card in order to earn rewards or benefits when you make qualifying transactions at participating merchants ("Service").
You accept these terms when you enroll a card in the Service. Company may add to, change or remove any part of these terms from time to time. If Company changes any material terms that would have a material adverse effect on your rights as they are presented to you in these terms, Company will notify you via email or through other reasonable electronic means. Your continued participation in the Service, including receiving benefits and rewards when you make a qualifying transaction at participating merchants, constitutes your acceptance of any changes to these terms.
To receive benefits and rewards through the Service, you must enroll a valid, eligible card with the Service. Company leverages the transaction matching technology provided by the Rakuten Card Linked Offer Network, Inc. ("RCLON" and together with Company, "we" or "us") to provide you the Services. By enrolling a card in the Service, you agree that your payment card network (e.g., MasterCard, American Express, Visa) may monitor transactions on your enrolled card at participating merchants and share Transaction Data (defined below) with us for the purposes of determining whether you have made a qualifying purchase and providing you targeted offers. Transaction Data include, but are not limited to, merchant name, merchant location or other store identifier, transaction date, transaction amount and the last four digits of your payment card.
You may remove your payment cards from the Service at any time by visiting My Wallet. When you do so, we will no longer receive future Transaction Data associated with your payment card, but we will retain historical Transaction Data to track rewards and benefits due under the Service and for account management and member services purposes.
Card and Transaction Eligibility
The Service is limited to payment card transactions processed through the payment card networks. If a payment card transaction is processed outside one of the payment card networks with which we are integrated, we will not receive the Transaction Data and we will not be able to match it with an offer. Payment cards not eligible for use with the Service include, without limitation, corporate and purchasing cards, Health Savings Account (HSA) cards, Flexible Spending Account (FSA) cards, government-administered prepaid cards (including EBT cards), insurance prepaid cards and Visa Buxx.
Not all merchant locations or transactions with your enrolled card may be eligible for benefits and rewards, including PIN-based purchases, payments made through third-party digital wallets or payment apps other than Apple Pay® and other transactions not processed through the payment card network’s own system. Do not use a Personal Identification Number (PIN) when paying for your purchases with your enrolled card if you want the transaction to qualify for rewards or benefits under the Service.
Data Sharing and Usage
To operate the Service, we will share and use payment card and Transaction Data in order to:
- Provide information about your enrolled card to payment card networks so they may monitor transactions on your card at participating merchants.
- Receive Transaction Data from payment card networks for enrolled cards at participating merchants to determine qualifying transactions and provide you with benefits and rewards. Such data may also be used to target offers that may be of interest to you in the future.
- Analyze Transaction Data to create performance reports that may be shared with publishers, merchants and their agents. These analyses may also be used to support general marketing to encourage consumers to enroll in the Service.
- Provide Transaction Data to participating merchants or their agents to validate qualifying transactions and assess the results of specific campaigns.
- Share Transaction Data with certain participating publishers so they can provide rewards and benefits to you and assess merchant campaign performance.
Information Disclosed for Our Protection and the Protection of Others
We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Company or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable activity.
License to the Service
Subject to these terms, Company grants you a limited, non-exclusive and revocable license to access and use the Service. Company (or its affiliate) reserves the right to change, upgrade or discontinue the Service or any feature of the Service at any time, with or without notice.
Limitations on Liability
You agree that we are not responsible or liable for the availability, accuracy, content, reliability or advertising of the merchandise or services of participating merchants. To the extent allowed by law, our total liability to you for any damages related to your use of the Service, regardless of reason, will not exceed US$50. You also agree that none of the payment card networks have any responsibility or liability in connection with the Service.
Privacy, Security and Information Collection
As a condition of using the Service, you agree that we have the right to collect, retain, and use information collected in your use of the Service. Your payment card information will be encrypted and stored in the Service’s databases.
You agree that we may communicate with you by means of electronic communications regarding these terms, the Service, payment card information and any other matter relating to your use of the Service.
We reserve the right, at any time, to modify or discontinue offering the Service in our sole discretion. If you are dissatisfied with any aspect of the Service at any time, your sole and exclusive remedy is to cease using the Service. You agree that we will not be liable to you or to any third party for any modification, suspension or termination of the Service.
Service Limitations, Qualifications & Disclaimers
Enrollment in the Service is limited to individuals who are 18 years of age or older. Enrollees may not use scripts or disguised redirects to derive financial benefit from the Service.
Any failure to comply with these terms, any fraud or abuse relating to the accrual or receipt of benefits and rewards or any misrepresentation of any information furnished to Company or its affiliates by you or anyone acting on your behalf may result in the termination of your enrollment in the Service and forfeiture of your benefits and rewards.
The Service is being provided to member “as is,” with no warranty. We reserve the right to terminate the Service at any time with or without notice. To the maximum extent permitted by law, we disclaim all representations and warranties, express or implied, with respect to the Service.
Member agrees to indemnify and hold Company, RCLON, the payment card networks, and each of their parents, subsidiaries, affiliates, officers, directors and employees harmless from any claim or demand, including reasonable attorney’s fees, made by any party due to or arising out of enrollee’s use of the Service.
These terms shall be governed by and construed in accordance with the laws of the State of California, without reference to conflicts of law rules. As a condition of the use of the Service, you (the enrollee) agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California, and therefore agree to file any grievance or suit of any kind exclusively in the courts located within the county of San Francisco.
If any provision of these terms is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. Company’s failure to insist upon or enforce strict performance of any provision of the Agreement shall not be construed as a waiver of any provision or right. These terms constitute the entire agreement between you and Company with respect to the Service.